IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Bail Application No.S-675 of 2025

DATE OF HEARING

ORDER WITH SIGNATURE OF JUDGE

1. For orders on O/objection at flag-A.

2. For hearing of pre-arrest bail.

Date of hearing 17.09.2025.

Mr. Abdul Samad Noonari, Advocate for applicant.

Mr. Muhammad Farooque Ali Jatoi, SPP ANF.

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O R D E R

Present applicant is charged in Crime No.08 of 2024 registered at Police Station ANF Sukkur u/s 6, 9(1)3(e), 14, 15, CNSA, 1997 for recovery of 39 K.Gs of Charas wherein though he was not found at the spot, it is alleged against him that he is involved in respect to the said Narcotics.

Learned counsel for the applicant contends that the applicant was not arrested at the spot. It is further contended that the applicant has been arrested based upon an alleged statement of the co-accused. He lastly contended that the ANF has only shown a money transaction with the co-accused in the sum of Rs.2,40,000/- however, the same is six months prior to the incident reported in the FIR.

Learned Special Prosecutor states that the material available with ANF has been brought-up in respect to the applicant which is based upon money transaction and the same connects the present applicant with the offence which is against the society and such offences if leniently dealt with is bound to create disturbance for which especial law of Narcotic is available to curb the same.

Having heard the counsels and gone through the record. As to the menace of Narcotics there cannot be any second opinion however, the same cannot provide a licence to rope in persons not having direct material against them which may not provide a ground of further inquiry. I have specifically called upon the learned Prosecutor for any material which can rebut the period of six months of transaction shown in the matter to which learned Special Prosecutor stated that the organized formation of Narcotics conducted in the matter may be an explanation to the six months period. Apparently, the present main accused are charged with the possession of Narcotic material which has been brought by way of FIR the main accused in the matter are not held-up for any crime earlier conducted in the matter nor any such element is under prosecution for the period, as such irrespective to the allegations made in the matter the transaction against the present applicant being six months old creates a ground of further inquiry for the present applicant only. Accordingly the bail application is allowed and the applicant is admitted to post-arrest bail subject to furnishing his solvent surety in the sum of Rs.200,000/- (Rupees Two lacs) and PR bond in the like amount to the satisfaction of learned trial Court.

Needless to mention here that observation as above are tentative in nature and not meant to affect merits of the case before the learned trial Court.

Bail application stands disposed of in the above terms.

J U D G E

Ihsan/PS.